Legal Definitions - lex Hostilia de furtis

The lex Hostilia de furtis was an ancient Roman law enacted during the early period of the Roman Republic. This law addressed specific situations where a property owner was unable to personally pursue legal action for theft. It allowed the Roman state to initiate a prosecution for theft on behalf of an owner who was either held captive (for example, by an enemy) or was abroad (traveling or residing in a foreign land). The purpose of this law was to ensure that justice could still be sought and stolen property potentially recovered, even when the rightful owner was unavailable to file a complaint or participate in legal proceedings.

• Example 1: A Citizen Held Captive

  Imagine a Roman citizen named Aulus, a wealthy landowner, who is captured during a military skirmish with a neighboring tribe and held for ransom. While Aulus is captive, a dishonest neighbor, Publius, takes advantage of his absence and steals valuable tools and equipment from Aulus's farm. Under the lex Hostilia de furtis, the Roman state could initiate legal proceedings against Publius for theft, even though Aulus himself was not present to file the complaint or represent his own interests in court. This ensured that Aulus's property was protected despite his unfortunate circumstances.

• Example 2: A Merchant on an Extended Trading Voyage

  Consider a Roman merchant named Livia, who embarks on a year-long trading expedition to distant provinces in the East, a common practice for wealthy traders. While Livia is abroad, a former employee, Decimus, breaks into her city warehouse and steals a valuable shipment of imported silks. Because Livia is away and unable to personally pursue legal action, the lex Hostilia de furtis would allow the Roman authorities to prosecute Decimus for the theft on Livia's behalf, safeguarding her commercial assets and ensuring accountability for the crime.

• Example 3: A Senator on a Diplomatic Mission

  Suppose a respected Roman senator, Quintus, is dispatched on a crucial diplomatic mission to a foreign kingdom, a journey expected to last many months. During his absence, a thief, Gaius, breaks into Quintus's villa and steals several valuable family heirlooms. Since Quintus is abroad fulfilling his state duties and cannot return to file a complaint, the lex Hostilia de furtis would enable the Roman state to prosecute Gaius for the theft. This demonstrates how the law protected the property rights of citizens who were temporarily absent due to public service or other legitimate reasons.